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| Stormy Daniels' attorney Michael Avenatti |
The aggressive step is just the latest development in the lawsuit filed by Daniels against the president and his personal lawyer, Michael Cohen. This follows amending the lawsuit to include a charge of defamation against Cohen.
Daniels is attempting to have the agreement reached just days before Trump won the presidency in 2016 declared null and void. For the sum of $130,000 the agreement requires Daniels to remain quiet about the alleged affair.
Daniels’s attorney, Michael J. Avenatti, says that Americans were told “a bucket of lies” by Trump’s White House and by Cohen, and a deposition is needed to determine if the agreement was "lawful."
The White House has previously told the press that Trump denies having any affair with Daniels.
This morning, David Schwartz, the lawyer who represents Michael Cohen, told NBC host Megyn Kelly that a motion filed by Daniels’ legal team seeking to depose the president and Cohen under oath won't be happening.
“It’s absolutely not going to happen — not in this case, anyway, because the case itself is completely frivolous,” Schwartz said.
“He’s seeking to take the deposition of Michael Cohen and President Trump. Is that going to happen?” @megynkelly asks about Stormy Daniels’ lawyer Michael Avenatti on @megyntoday— TODAY (@TODAYshow) March 29, 2018
“It’s absolutely not going to happen.” -Michael Cohen's attorney, David Schwartz pic.twitter.com/0tNDZrey7q
Avenatti trolled Schwartz on Twitter in the fiercest of ways:
Can someone please ask Michael Cohen to call down to central casting again and order up a new hack to speak on his behalf? I’m bored with batting around David Schwartz. #neednewchallenge #basta— Michael Avenatti (@MichaelAvenatti) March 28, 2018
It's looking more and more that Avenatt is right about Schwartz not being the sharpest legal tack in the shed.
Last night, Schwartz sat down with CNN’s Erin Burnett and announced Cohen was acting independently when he created an LLC and paid Daniels, though he used several Trump Organization addresses.
He went on to say Cohen drew up the agreement without telling Trump, and that’s why his signature isn’t on the document.
“The president was not aware of the agreement. At least, Michael Cohen never told him about the agreement,” Schwartz said. “Michael Cohen left the option open. That’s why he left that signature line, the option open to go to him. He chose not to. He chose to bind the LLC, EC LLC and Stormy Daniels into the contract.”
Legal minds found that statement troubling.
Former federal prosecutor Renato Mariotti explained on Twitter that this statement supports Daniels’s claim that the agreement is void, as it says in the document that only Trump, not Cohen’s LLC, can enter into an agreement with her.
Michael Cohen's attorney just claimed on @OutFrontCNN that Trump was not aware of the Stormy Daniels agreement or the payment, which means that there was no contract between Trump and Daniels, and Daniels can release the materials. Why would he admit this on national television?— Renato Mariotti (@renato_mariotti) March 28, 2018
In addition to undermining the underlying breach of contract claim, he just admitted his client violated the ethical canons by entering into a settlement agreement without his client’s consent. Cohen is going to be disbarred if this is true.
— SpinDoctor (@SpinDr) March 29, 2018
Well that didn't take long. Next. LOL.— Michael Avenatti (@MichaelAvenatti) March 29, 2018
Michael Cohen’s Attorney May Be a Worse Lawyer Than He Ishttps://t.co/LimN2IyV29 via pic.twitter.com/YHhkWy7lMk
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